Understanding the Fundamentals of a Mass Tort
The term ‘Mass Tort’ refers to a civil action involving numerous plaintiffs against one or a few defendants in state or federal court. The crimes committed by the defendants are so severe that they affect a large number of people. Cases often involve consumer products, pharmaceuticals, and mass accidents. Each plaintiff has an individual claim resulting from discrete damages.
Determining the Eligibility for a Mass Tort Case
To be a part of a Mass Tort lawsuit, a plaintiff must demonstrate that they have been substantially harmed by the defendants. These harms can result from a defective product, a drug causing adverse side effects, exposure to hazardous materials, or more. However, each defendant’s claim in a Mass Tort lawsuit must be handled individually, even though the plaintiffs are a part of the group.
Procedures Involved in a Mass Tort Litigation
Mass Tort litigation typically begins when a large number of complaints are filed regarding a particular product or behavior. Post this, the courts consolidate these cases to accelerate the process. Consolidation occurs in one court, where one judge oversees all of the proceedings. Following this is the discovery process. After the discovery, the trials occur. These could last for months to years.
Managing the Unique Characteristics of a Mass Tort
Handling a Mass Tort case requires specialized expertise in several unique areas. Given the number of plaintiffs, keeping track of each individual’s claim and their specific damage is a challenge. Furthermore, the cases often span several jurisdictions, so understanding different state laws is crucial. Managing communication between such a large group of plaintiffs is yet another task.
The Key Roles in a Mass Tort Lawsuit
Numerous stakeholders play essential roles in the execution of a Mass Tort lawsuit. These include the plaintiffs: individuals who claim that they have been harmed; the defendants: the party alleged of causing the harm; and attorneys representing both parties. Moreover, third parties such as witnesses, expert witnesses, and the court system that oversees the process also play a pivotal role in the lawsuit.
Dealing with the Outcome of a Mass Tort Litigation
After all individual lawsuits have been processed, the judge will issue a decision. If the plaintiffs are victorious, the court will distribute compensation. The awards can vary significantly from case to case depending on the extent of the harm. If the defendants win, they do not need to pay the plaintiffs, but they may have to bear the costs of their legal defense.
